Judge doubts stabber’s apology, sentences him to up to 20 years in prison

Monday

Apr 14, 2014 at 8:05 PM

By Jim.Hayden@hollandsentinel.com(616) 546-4274

An Allegan County Circuit Court judge found the apology difficult to believe from a man who assaulted two people in their Saugatuck Township home, sentencing him to up to 20 years in prison.“I take full responsibility for the incident,” Tobias Lee Westenbroek told Judge Margaret Bakker on Monday morning. “My actions were wrong and inexcusable.”Bakker was not convinced, though, citing a pre-sentencing report that said Westenbroek did not take responsibility for his actions. She called him “a classic batterer” who had a domestic violence conviction in 1997.Westenbroek, 38, was sentenced to 23-48 months in prison for assault with a dangerous weapon and 95-240 months in prison for first-degree home invasion.He was also sentenced to pay more than $8,000 in costs and fines, including more than $4,600 to cover his extradition costs.He pleaded no contest in March. A no-contest plea is not an admission of guilt, but is treated as such in determining a defendant’s sentencing.Westenbroek originally faced seven counts, including assault with intent to murder, for the 2012 attacks on a man and Westenbroek’s estranged wife.At about 4:30 a.m. Aug. 26, 2012, Westenbroek entered the home of Jason Phelps and stabbed Phelps and Crystal Westenbroek with a piece of broken glass. He then fled the area but was caught Aug. 2, 2013, at the Sturgis Motorcycle Rally in South Dakota.Phelps was cut 35 times, he said in court on Monday. “I was an eighth-of-a-centimeter away from death.” He also thanked law enforcement for staying on his attacker’s trail and extraditing Westenbroek from South Dakota.Crystal Westenbroek said her husband — the two are still married — is not a bad person.“I personally forgive him,” she said.In a shaky voice, Westenbroek apologized to his family.“I know I could never truly right the wrong I have caused,” he said while standing in shackles and wearing black-and-white-striped jail clothes.Bakker said the victims had to live in fear while Westenbroek was on the run from police.“You engaged in behavior that could have resulted in two peoples’ deaths. Then you left,” she said.— Follow Jim Hayden on Twitter@SentinelJim.